Nancy Moll vs. Ralph’s Grocery Company; Sedgwick Claims Management

This case is about Nancy Moll, who applied for workers' compensation benefits after sustaining an industrial injury from January 1, 1990 through October 7, 2003 to her bilateral shoulders, elbows, wrists, and neck. The defendant, Ralph's Grocery Company and Sedgwick Claims Management, sought reconsideration of the February 9, 2010 Findings and Award, arguing that the applicant did not sustain an industrial injury to her neck. The Workers' Compensation Appeals Board denied the petition for reconsideration, finding that the delayed onset of cervical spine complaints had been adequately explained by the applicant's doctor.

Ralph’s Grocery Company; Sedgwick Claims Management Nancy Moll WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANANCY MOLL, Applicant,vs.RALPH’S GROCERY COMPANY;SEDGWICK CLAIMS MANAGEMENT, Defendant(s).Case No. ADJ843658 (LBO 0359099)OPINION AND ORDER DENYING RECONSIDERATION            Defendant seeks reconsideration of the February 9, 2010 Findings and Award, wherein the workers’ compensation administrative law judge (WCJ) found that the applicant sustained an industrial injury from January 1, 1990 through October 7, 2003 to her bilateral shoulders, elbows, wrists, and neck that caused a need for further medical treatment to cure or relieve her from the effects of this injury.            Defendant contends that the WCJ erred in finding that the applicant sustained an industrial injury to her neck, arguing that the WCJ’s decision is not based on substantial medical evidence and that the WCJ should consider the reporting of Dr. Kim.            We have considered the petition for reconsideration, and we have reviewed the record in this matter. We have received an answer from the applicant. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied.            For the reasons discussed by the WCJ in her report, which we adopt and incorporate by reference, except for page 5 of the report, we will deny defendant’s petition for reconsideration.            As a preliminary matter, we note that applicant’s counsel attached a “rebuttal report” from Dr. Schiffman as a proposed “Exhibit A” to her Answer. It appears that applicant is attempting to introduce evidence not previously disclosed or properly introduced into evidence. We admonish , applicant that it is improper to attach documents not in evidence to an answer. We have not considered the document.            With respect to the WCJ’s discussion of Dr. Kim’s initial report after his December 17, 2003 examination, we have reviewed the report an

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